All posts tagged Public Servants Disclosure Protection Act

A Tale of Two Committees

This piece was first published, in edited form, in the Hill Times on July 3, 2014.

When Dickens wrote the opening to A Tale of Two Cities, set over two hundred years ago, he described an age of contrasts – wisdom and foolishness, belief and skepticism, hope and despair. He also wryly observed that this could be said of any era. It certainly seemed true to whistleblowing advocates attending two sets of recent Parliamentary committee hearings.

The committees in question were the Standing Committee on Government Operations and Estimates (or OGGO, as it’s commonly known) and the Standing Committee on Transport, Infrastructure and Communities (or TRAN). In both cases, the committees had serious, deeply embedded problems to tackle: whistleblower protection on one hand, and aviation safety on the other.

For its part, OGGO set its sights on reviewing the Public Servants Disclosure Protection Act in early February. This is the law which is supposed to protect federal government whistleblowers, but which has been spectacularly ineffective at doing so for 10 years. Without going into details – David Hutton and Allan Cutler have dealt with the issues thoroughly in previous editions of the Hill Times – it would be no exaggeration to say that the law intended to protect whistleblowers is little known and even less trusted by the rank-and-file public service.… Read the rest

Trudeau can fix our broken whistleblowing system: here’s why and how

This piece was first published in the Hill Times on March 20, 2017.

The House Government Operations Committee deserves kudos for taking the bull by the horns in its review of Canada’s failed system for protecting government whistleblowers. This week the committee will hear from no less than four experts representing countries that have much better laws: the U.S., U.K., Australia, and Ireland.

The comparisons these experts can offer will be eye-opening, since the Canadian system simply does not protect whistleblowers from reprisals. In more than 10 years not a single truth-teller has been awarded a remedy by the Public Servants Disclosure Protection Tribunal (the only body that can do so), and not a single aggressor has suffered consequences for taking reprisals.

In Canada, it’s more dangerous to kick a dog than to destroy a whistleblower’s life. If you attack a helpless animal, someone might see you. A video of the incident might go viral online, and you might face public outrage and damage to your reputation, even your career. But if you destroy a whistleblower’s life in plain sight—through bullying and harassment, unfair dismissal and blacklisting—it’s unlikely that you will face any consequences.

Even if you are reported to our Public Sector Integrity Commissioner and he decides that reprisals took place (which he rarely does) he has the power (which he almost always uses) to block the tribunal from taking any action against you.… Read the rest

Whistleblower protection: who really pulls the strings?

This piece first appeared in the Hill Times on February 27, 2017.

When examining the sorry track record of the Public Sector Integrity Commissioner’s Office, it’s easy to overlook those primarily responsible: it was Privy Council Office (PCO) and the Treasury Board Secretariat (TBS), working mostly behind the scenes, who—intentionally or not—set up PSIC to fail. Here’s how it was done.

The Role of Treasury Board:
Treasury Board drafted faulty legislation

Given the wide range of serious shortcomings in the Public Servants Disclosure Protection Act (PSDPA), it’s difficult to believe that the drafters intended it to work—unless they were completely oblivious of best practices and other jurisdictions’ experience.

The most glaring example of this is the absence of a ‘reverse onus’ provision. The PSDPA puts the onus on whistleblowers to prove that the actions taken against them were reprisals—an almost impossible task. Effective whistleblowing laws shift the burden of proof to the employer to show that adverse actions were not intended as reprisals. This has been well understood for literally decades—since the disastrous experience of the Merit System Protection Board (in the U.S.) in the early 1980s. Without a reverse onus, of the first 2,000 whistleblowers who submitted claims of reprisal, only four prevailed.… Read the rest